N.H. council votes to reinstate liquor commissioner

Tuesday

Sep 28, 2010 at 2:00 AM

CONCORD — New Hampshire's Executive Council voted Monday to reprimand and reinstate embattled Liquor Commission Chairman Mark Bodi, who ordered video surveillance equipment returned to a Keene bar owner before an investigation into activities at the bar were completed.

Norma Love

CONCORD — New Hampshire's Executive Council voted Monday to reprimand and reinstate embattled Liquor Commission Chairman Mark Bodi, who ordered video surveillance equipment returned to a Keene bar owner before an investigation into activities at the bar were completed.

But the council also voted to strip Bodi of his chairmanship, which means about a 10 percent cut in pay. Bodi said he plans to return to work as a commissioner today. He has been on paid leave since February.

"It's important we look forward and not in the rearview mirror," an elated Bodi said after the vote.

Gov. John Lynch, who presided over Bodi's removal hearing, concurred with the council's decision. He said he would work with liquor commissioners to put the incident behind them.

"I don't think it's a question of who won or who lost," Lynch said.

No councilors supported Bodi's removal, but all agreed he made mistakes and should be punished.

"All of us in public life are familiar with the tension between constituent service and going too far," said Councilor Debora Pignatelli of Nashua. "We don't really have a rule book."

She said Bodi made mistakes but she did not find "bad intentions on Mr. Bodi's part."

Councilor Ray Burton of Bath wanted to dismiss the case entirely. Burton and Pignatelli voted against stripping Bodi of his chairmanship. Pignatelli also voted against the reprimand, saying it was too harsh.

But Councilor Beverly Hollingworth of Hampton and Councilor John Shea of Nelson questioned his ability to manage the agency and work with others.

"I don't think we can just dismiss (the mistakes) and say it never happened," added Councilor Raymond Wieczorek of Manchester.

Bodi, whose term expires in 2013, had said he should not be fired for diffusing a difficult situation with a business after state Democratic Rep. Dan Eaton complained about the investigation.

The state argued Bodi's actions in placating Eaton allowed political influence to taint law enforcement, which eroded public confidence in the agency's ability to be fair and impartial.

The attorney general's office said in June that while Bodi wouldn't face criminal charges, he should be removed for interfering with the investigation of a Keene bar accused of serving alcohol to an already intoxicated woman last December. After hearing from Eaton, Bodi ordered seized video surveillance equipment to be returned before the investigation was complete.

Bodi argues the equipment was not evidence and video was copied from it prior to its return.

The incident began when Eaton called Bodi about enforcement action taken against the Railroad Tavern. The bar's owner, Randy Filiaut, was a former Keene councilman and Eaton's friend.

Eaton said Bodi had asked him to call with concerns, so he did and passed along the bar owner's allegation that enforcement officers had gone beyond the scope of the second of two search warrants that month. Eaton insists he did not ask Bodi to do anything improper.

But Bodi said Eaton was "hysterical" and insisted the bar had been targeted in retaliation for legislation Eaton supported that would have stripped the Liquor Commission of its enforcement powers.

Bodi acknowledged Eaton did not tell him to do anything other than call Filiault, but said he felt intimidated by one of the more powerful lawmakers in the state.

Contrary to Bodi's characterization of him as "hysterical," Eaton testified that he spoke calmly to Bodi and called to alert Bodi to a potential enforcement problem as a favor.

Eaton denied repeatedly that he uses his position to threaten department heads.

But Harvey Hill of Charlestown painted a different picture of Eaton while Hill was interim president of the state community college system in Claremont. Hill testified Eaton told him he would act out a vendetta against the college system after Hill called to tell him he had fired an acquaintance of Eaton's.

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